1999 PLP 1704 (MLD)

Inayat Ullah Khan Niazi for Petitioners. Farrukh Hummayun for the State. This is an application for suspension of sentence awarded to the appellant/petitioners Muhammad Rafique, Abdul Hameed sons of Niaz Gul, Sher Zaman son of Khan Gul (Jan Gul) and Saffi Ullah son of Shah Gul who have been convicted under section 337-F(III) 340, P.P.C. vide judgment dated 21-3-1998 passed by the learned Sessions Judge Mianwali whereby each of them has been sentenced to undergo R.I. for 3 years and has been further ordered to pay Daman of Rs.20,000 in equal share. However, they were extended benefit of section 382-B, Cr.P.C.. Besides the present petitioner their co-accused Niaz Gul and Muhammad Iqbal have been convicted under section 302/34, P.P.C. and have been sentenced to imprisonment for life and to pay Rs. one lac as compensation to the legal heirs of the deceased.

2. Contention of the learned counsel for the petitioners/appellants is that petitioners have been convicted vide para. No.23 of the judgment wherein no reasoning of passing the order of conviction has been incorporated. He further contends that there is a general allegation of firing upon Gul Nawaz injured. He further contends that sentence awarded is a short one and there is no likelyhood of disposal of the appeal at an early date. He further argues that although deeper appreciation is not warranted while disposing of application for bail, yet the contents of the judgment can be looked into to verify the reasoning of order of conviction. In support of his contention he has relied upon Muhammad Khan Shahid v. The State (PLD 1997 SC 1) and Muhammad Nawaz v. The State (1996 PCr. LJ 1250). He, thus, submits that petition be accepted and petitioners be admitted to bail while suspending the order of conviction.

3. Conversely contentions raised by the learned counsel for the petitioners have been controverted/repudiated by the learned counsel for the State.

4. Vide F.I.R. dated 21-2-1996 registered at Police Station Kamarmashani District Mianwali, the present petitioners alongwith 9 others were sent up for trial out of whom 7 have been acquitted whereas 6 have been convicted. Niaz Gul and Muhammad Iqbal have been awarded life imprisonment whereas the present petitioners have been convicted under section 373-F(III)/34, P.P.C. and have been sentenced to R.I. for 3 years each as referred above.

5. A perusal of the judgment shows that the trial Court has discussed the entire evidence culminating into conviction of Niaz Gul and Muhammad Iqbal, but has not referred to any evidence ending in the conviction of the petitioners and this fact is evident from para. No.23 of the judgment which only relates to the conviction of petitioners and its perusal evinces the trial Court has not given any reasoning for passing an order of conviction as required/contemplated under section 367, Cr.P.C. Although deeper appreciation of the evidence is not warranted while disposing of an application under section 426, Cr.P.C.. Yet there is no bar in scanning the contents of judgment while disposing of an application under section 426, Cr.P.C.

6. Since the impugned order does not contain any reasoning for holding appellants/petitioners responsible for the commission of offence referred above, and there is no likelihood of disposal of appeal in the near future and sentence being short, the petition is accepted and sentence awarded to them is suspended provided they furnish bail bonds in the sum of Rs.20,000 (Twenty Thousands only) with two sureties each in the like amount to the satisfaction of the trial Court. N.H.Q./M-736/L Sentence suspended